Personal Injury Attorney in Charleston

All types of personal injuries can occur in Charleston, West Virginia. Charleston's metropolitan area has a population of just over 250K and hosts several major companies, including United Bank and Appalachian Power.

Charleston sits at the center of several major interstates, including I-77, I-79, and I-64. As a transportation hub, many truckers pass through Charleston as they make their way to other large cities throughout the East Coast. 

It’s not unknown for trucking accidents to happen in Charleston’s metropolitan area, as the city is in a mountainous region and is also susceptible to significant snowfall in the winter.

Drivers who speed, don’t pay attention, or use drugs or alcohol can cause accidents in Charleston. In some cases, bicyclists and pedestrians are the unfortunate victims of accidents.

Some of the most common types of accidents that result in injuries in Charleston, WV, include:

• Trucking accidents
• Car collisions
• Motorcycle accidents
• Pedestrian accidents
• Slip and falls
• Product defects
• Dog bites
• Construction site accidents
• Wrongful death
• Medical malpractice

Charleston, West Virginia, personal injury lawyers can help you obtain the money you need to recover from your accident. While we work on your case, you can focus on your health.

Victims of accidents can suffer severe personal injuries. Depending on the severity of your accident, you may experience any of the following:

• Broken bones
• Cuts and lacerations
• Whiplash
• Bruises and contusions
• Dislocations or fractures
• Spinal cord damage
• Muscle strains and sprains
• Electrocution
• Traumatic brain injuries
• Internal organ damage
• Burns
• Death

You’ll want immediate medical treatment if you experience injuries in an accident. A doctor can assess you and establish a treatment plan to increase your chances of recovery.

After an accident, many people assume that they’re on their own. They may file an insurance claim to help them with their financial expenses, but they take on most of the costs of their injuries. They accept whatever the insurance company offers them and attempt to move on with their lives.

However, in most cases, an insurance company isn’t going to do its best to resolve your financial outlay for the accident. Insurance companies work for profits, and when they pay out a claim, it affects their earnings. 

It is not uncommon for insurance companies to trick you into admitting you were partially at fault for an accident, even if you weren’t. They may downplay the extent of your injuries or even blame them on your pre-existing condition.

The result of unfair insurance practices on accident victims is that the victim doesn’t receive fair compensation. Instead of the insurance company covering their costs while they get better, the victim digs into their savings or takes out a loan to help them get by. If they don’t have the financial means to give themselves the proper time to heal, they’ll go back to work even if they aren’t ready to.

A personal injury attorney works to obtain a fair settlement for your injuries. They begin by establishing the facts of your case and determining who was at fault. An attorney will assemble all of the evidence of your accident, including your medical bills, statements from witnesses, and even video recordings. 

Once a personal injury lawyer has the facts and evidence to support their claim, they’ll develop a case strategy. Usually, they’ll start by negotiating with the insurance companies of the defendant. Their negotiations will include all of your losses, including your past and future medical costs and lost wages. 

If the defendant’s insurance company is unwilling to reach a fair settlement, the attorneys at Morgan & Morgan will take them to court. 

During the entire legal process, you can count on Morgan and Morgan to be by your side. We’ll keep you updated every step of the way, allowing you to focus on your recovery.

The compensation you can receive from a settlement or court verdict will depend on the circumstances of your case and the severity of your injuries. Depending on the facts of your claim, you may receive remuneration for:

• Past and future medical expenses for surgery, laboratory tests, occupational and physical therapy, and doctor’s visits
• Lost wages if you’re unable to work during your recovery
• Household expenses for tasks you usually handle, like cleaning or childcare
• Emotional pain and suffering
• Loss of quality of life
• Compensation for the injury itself
• Disability and disfigurement
• Loss of companionship or consortium 
• Funeral and burial expenses for a loved one

If your case goes to court, the judge may award you punitive damages if the defendant was particularly negligent in their actions.

Following any accident involving a motor vehicle, you should take the following steps:

Check Everyone for Injuries

Motor vehicle accidents are usually unexpected. When they happen, individuals involved experience shock and distress. Drivers should check themselves and their passengers for injuries that need immediate medical attention. Check the occupants of other vehicles in the collision to see if ambulatory assistance is required.

Call 911 for anyone who appears to have serious injuries. The operators will send an ambulance to transport them to the hospital.

Get Police Assistance

West Virginia requires individuals in a car accident to report the incident to police if there are fatalities, injuries, or property damage exceeding $500. Very few car accidents result in less than $500 of property damage. It’s best to seek police assistance even if no one appears to have injuries and damage is minimal.

Once the police arrive, they’ll review the crash scene to determine the cause of the accident. You can ask the police for a copy of the police report or obtain one from your local police precinct.

Get Medical Treatment

Certain injuries aren’t always apparent following an automobile accident. For example, you may not realize you’ve strained your muscles or have a concussion until the day after the collision. Even if you don’t go directly to the hospital after an accident, visit your physician or an urgent care center in the following days. Make sure to keep a record of their findings.

Seek Legal Assistance

Even if you’re unsure whether you intend to file a lawsuit, it’s best to seek legal assistance after a motor vehicle accident. A lawyer can help you understand your legal rights and determine your appropriate action. At Morgan and Morgan, we offer free consultations for all of our clients.

People who suffer unexpected injuries from accidents caused by slips and falls, dog bites, or defective products should take the following steps.

Document the Accident Scene

Take pictures of the accident scene. For instance, if you slip over a spill at the grocery store, take a picture of the liquid and the surrounding area. If a dog bites you, try to photograph the dog or note its appearance. Any evidence you can assemble will add credibility to your claim.

Avoid Conversations With Insurance Providers

Insurance providers may attempt to contact you for more information following an accident at a workplace, shopping mall, or a friend’s home. It’s best to avoid speaking with them or providing any written or verbal statements until you talk with a lawyer. 

Employees from the insurance agency will likely attempt to trick you into making certain statements that will adversely affect your case. 

Seek Legal Counsel

Even if you don’t believe you need legal assistance, it never hurts to ask for advice. Charleston, West Virginia, personal injury attorneys can evaluate the circumstances of your case and determine whether a lawsuit is necessary. Make sure to note all the facts of your claim before your consultation. 

Every case is different. Some cases resolve within a few months and end in a settlement. Others must go to court. A claim that goes to trial may take several years to resolve. Your Charleston, West Virginia, personal injury lawyers will provide you with a timeline for resolving your case.

The statute of limitations for personal injury cases is two years in West Virginia. Individuals pursuing a wrongful death case on behalf of a deceased family member also have two years to file their lawsuit.

However, it’s best to begin the legal process as quickly as possible. If you wait too long, the quality of your evidence may degrade. People also tend to forget critical facts about their accidents as time passes.

The value of each case varies. Individuals with severe physical injuries are more likely to recover significant compensation than those with minor wounds. The circumstances of your accident also contribute to the worth of your case. 

West Virginia has a comparative negligence law. The court will reduce the value of your damages depending on your percentage of fault for the accident. If you are more than 50% responsible for the accident, you may not be able to recover compensation.

Your attorney will advise you of the estimated value of your case.

Morgan and Morgan is the nation’s largest personal injury law firm. Our team of over 1,000 attorneys has helped clients recover more than $20 billion in compensation. We believe in providing our clients with compassionate and straightforward legal advice to obtain the money they need. 

If you’ve been in an accident, you’ll want assistance from Charleston, West Virginia, personal injury lawyers. Our team can assess your case and determine the best course of legal action. Contact us today to schedule your free case consultation.